Gardener and Photographer with a love of Roses and a magpie-eye for all things Horticultural

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Photography

Acer Shirasawanum Jordan

I love taking these photographs and enjoy the opportunity to showcase them here in these pages. But – and this is the serious bit – they represent a considerable amount of my time and creative energy so please respect my ownership of these images.

For the purpose of this agreement “the Agency” and “the Advertiser” shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where the Photographer’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both “the Agency” and “the Advertiser” shall be interpreted as references to the Photographer’s client. “Photographs” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.

COPYRIGHT

The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.

OWNERSHIP OF MATERIALS

Title to all Photographs remains the property of the Photographer. When the Licence to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days.

USE

The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. The Licence only applies to the advertiser and product as stated on the front of the form and its benefit shall not be assigned to any third party without the Photographer’s permission. Accordingly, even where any form of ‘all media’ Licence is granted, the photographer’s permission must be obtained before any use of the Photographs for other purposes eg use in relation to another product or sublicensing through a photolibrary. Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.

EXCLUSIVITY

The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.

CLIENT CONFIDENTIALITY

The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.

PAYMENT

Payment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

EXPENSES

Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.

REJECTION

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

CANCELLATION & POSTPONEMENT

A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.

RIGHT TO A CREDIT

If the box on the estimate and the licence marked “Right to a Credit” has been ticked the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box overleaf the Photographer also asserts his/her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

ELECTRONIC STORAGE

Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.

APPLICABLE LAW

This agreement shall be governed by the laws of England & Wales

VARIATION

These Terms and Conditions shall not be varied except by agreement in writing.

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3 comments

BEN CRIPPS

What would you say is a good camera for “macro” photography? I am developing an interest in trying to photograph bees. I do not like digital SLRs (they are ugly, heavy and unaesthetic, although they obviously do the job of capturing good digital images), and I wonder if you are familiar with the Canon PowerShot range, such as the G15, and what you think of them as a reasonable compromise? I also shoot film with a Hasselblad and other cameras, but for macro hymenoptera photography I have to accept that digital is best! Thank you, Ben (berkshire757 – fan of Thug!)

Just to say what I’m using – a Nikon D7200 with a macro lens from Sigma 105mm F2.8 EX DG OS HSM Macro Lens – I read through the reviews on dpreview.com – and it seemed to be the best budget macro lens (good for portraits too) that had even the much pricier alternatives in some shade. I’ve not pushed the limits of either the camera or the lens and I haven’t used a tripod yet which will increase the control I have over depth of field even more – but I’m very pleased with the results. Rich, warm details and even out and about, my preferred lens (I don’t like swapping lenses). I’ll eventually buy a good telephoto which might arguably do some of the macro-shots for me and give me a wider/longer all in one lens tool – but for the moment and as I am only these past few months taking anything that might be considered macro, there’s a lot for me to learn and so many more subjects.

I don’t know the Canon Surest Range – I had a Canon PowerShot SX600 HS Digital Camera (16MP, 18x Optical Zoom, 3 inch LCD) in 2014 and I found this very useful for a reasonably pocketable camera, robust and with a good zoom, but I wasn’t thinking in terms of macro at the time. I’d very much recommend http://www.dpreview.com for detailed reviews of cameras and lenses and perhaps Tony Northrop on Youtube.

Many thanks Martin, very helpful. Since first writing, I have bought a 2nd hand Canon Powershot G9 on ebay which I am very pleased with. When I get the chance I will set it up on my (very heavy and rock-steady) Manfrotto tripod in front of a suitable looking flower and wait for some bumblebees (which thankfully are quite abundant in our garden) to arrive. If I get any good results I will let you see them. Thanks again to you and Thug, and give him a stroke (if he will allow it) from me. Ben

Teddington Gardener

These pages illustrate my love of plants and gardens, design and creative expression – learning more about horticulture and sharing the knowledge. Here you will find a showcase for my own photography, commentary on plants and places visited, horticultural know-how, a dose of inspiration and a seasonal diary for your garden.